What about Martin's right to 'stand his ground'?

By Miller Francis, CNN

Updated 1651 GMT (2351 HKT) July 12, 2013

Photos: Zimmerman trial47 photos

Key moments in the Zimmerman trial – George Zimmerman is congratulated by members of his defense team, Don West and Lorna Truett, after the not guilty verdict is read on Saturday, July 13, in Sanford, Florida. A jury of six women found him not guilty in the shooting death of Trayvon Martin. View photos of the public reaction to the verdict.

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Key moments in the Zimmerman trial – George Zimmerman's wife, Shellie Zimmerman, cries as friends and family members celebrate the verdict on July 13.

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Key moments in the Zimmerman trial – Robert Zimmerman Sr. and Gladys Zimmerman embrace after their son is found not guilty on July 13.

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Key moments in the Zimmerman trial – George Zimmerman prepares to leave the courtroom after the not guilty verdict is read on July 13.

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Key moments in the Zimmerman trial – Zimmerman confers with his defense team on July 13, after working out the wording for a response to the jury, who had asked for clarification on the instructions regarding manslaughter. The response, crafted and agreed to by both the prosecution and defense, instructed the jury to ask their question more specifically, as the court could not engage in general discussion.

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Key moments in the Zimmerman trial – Zimmerman and his defense team stand in the courtroom as the jury arrives before starting their second day of deliberations on July 13.

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Key moments in the Zimmerman trial – Prosecutor John Guy addresses the jury with his closing rebuttal during Zimmerman's murder trial on Friday, July 12. "He shot him because he wanted to," Guy told jurors, saying that Zimmerman didn't have to shoot 17-year-old Martin.

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Key moments in the Zimmerman trial – Zimmerman's attorney Mark O'Mara holds up a chart during closing arguments for the defense on Friday, July 12. "How many 'what ifs' have you heard from the state in this case?" O'Mara asked the jury. "They don't get to ask you that."

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Key moments in the Zimmerman trial – Zimmerman, right, sits with another defense attorney, Don West, this week. West objected to a third-degree murder charge also sought by prosecutors on Thursday, July 11, the day closing arguments began. The judge ruled out that charge but said the jury could consider convicting the defendant of manslaughter.

Key moments in the Zimmerman trial – Defense attorney Mark O'Mara, right, questions forensics animation expert Daniel Schumaker, center, at the bench of Judge Debra Nelson with Assistant State Attorney Richard Mantei, left, during a July 9 hearing on the admissibility of animation created for the defense. Schumaker showed the judge and Mantei some 3-D animation on his laptop after an overhead projector didn't work.

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Key moments in the Zimmerman trial – John Donnelly, a friend of George Zimmerman's, cries on the witness stand on Monday, July 8, in Sanford, Florida, after listening to screams on the 911 tape entered in evidence.

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Key moments in the Zimmerman trial – Sondra Osterman, a friend of Zimmerman's, listens to the 911 tape while testifying on July 8.

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Key moments in the Zimmerman trial – Mark Osterman, a friend of Zimmerman's, testifies on July 8 and describes the type of gun Zimmerman owned.

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Key moments in the Zimmerman trial – Leanne Benjamin, a friend of Zimmerman's, smiles while identifying him in court on July 8.

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Key moments in the Zimmerman trial – Sybrina Fulton, mother of Trayvon Martin, takes the stand during Zimmerman's trial on Friday, July 5.

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Key moments in the Zimmerman trial – George Zimmerman's mother, Gladys Zimmerman, listens to the 911 tape while taking the stand during his trial in Seminole County circuit court on July 5.

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Key moments in the Zimmerman trial – Martin's brother Jahvaris Fulton testifies at the Zimmerman trial in Seminole County circuit court on July 5.

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Key moments in the Zimmerman trial – Volusia and Seminole County associate medical examiner Shiping Bao testifies on July 5. Bao conducted the final autopsy on Martin and determined the cause of death to be a gunshot wound to the chest.

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Key moments in the Zimmerman trial – Florida Department of Law Enforcement Crime Lab Analyst Anthony Gorgone testifies about DNA findings on Wednesday, July 3, in Sanford, Florida. Here, Gorgone points to a sweatshirt worn by Trayvon Martin on the night Martin was shot. Only one stain on Martin's hooded jacket yielded a partial DNA profile that matched Zimmerman's.

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Key moments in the Zimmerman trial – Gorgone points to a jacket worn by Zimmerman on the night of the shooting. Multiple stains on Zimmerman's jacket tested positive for Zimmerman's DNA. At least two stains from the jacket tested positive for a mixture of DNA that included Martin's DNA.

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Key moments in the Zimmerman trial – Firearms analyst Amy Siewert from the Florida Department of Law Enforcement answers questions from the prosecution while holding Zimmerman's gun on July 3. Siewert examined the gun and said Zimmerman had one bullet ready to fire in the chamber as well as a fully loaded magazine when the shooting occurred.

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Key moments in the Zimmerman trial – Alexis Carter, a military prosecutor, testifies during the trial on July 3. Carter taught a criminal litigation class that Zimmerman completed, and testified that the class included extensive coverage of Florida's self-defense laws.

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Key moments in the Zimmerman trial – Mark Osterman, a U.S. Air Marshal and friend of Zimmerman's who wrote a book about the case, testifies on Tuesday, July 2. He recounted the story of the shooting that Zimmerman told him and testified that when he took Zimmerman home from the police station after the shooting, Zimmerman wasn't acting like himself.

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Key moments in the Zimmerman trial – Prosecutor Bernie de la Rionda, on July 2, demonstrates a possible scenario while questioning state witness Chris Serino, a Sanford police officer.

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Key moments in the Zimmerman trial – Hirotaka Nakasone, a voice recognition expert with the FBI, testifies in the Zimmerman trial on Monday, July 1.

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Key moments in the Zimmerman trial – Witness Jonathan Good is cross-examined by defense attorney Mark O'Mara on Friday, June 28.

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Key moments in the Zimmerman trial – Selma Mora reenacts a scenario for defense attorney Mark O'Mara on Thursday, June 27. Mora lived in Zimmerman's neighborhood at the time of the shooting.

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Key moments in the Zimmerman trial – Witness Jennifer Lauer points to where her former home was in the Retreat at Twin Lakes community during questioning by defense attorney Mark O'Mara on June 27. Lauer called 911 on the night of the shooting.

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Key moments in the Zimmerman trial – Rachel Jeantel, a friend of Martin's, is questioned by defense attorney Don West on June 27. She appeared to get frustrated several times during the cross-examination, including one time when West suggested they could break until the morning so she'd have more time to review the deposition transcript.

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Key moments in the Zimmerman trial – The evidence letter that Jeantel says she wrote with a friend for Sybrina Fulton, Martin's mother, is displayed during the trial on June 27. When the defense asked Jeantel to read the letter, she said she couldn't read cursive. She asked a friend to write the letter for her, she said.

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Key moments in the Zimmerman trial – Jeantel testifies on Wednesday, June 26. She was the last person to speak with Martin on the phone.

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Key moments in the Zimmerman trial – Zimmerman walks past Martin's parents, Sybrina Fulton, left, and Tracy Martin, second from left, as he enters the courtroom after lunch recess on June 26.

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Key moments in the Zimmerman trial – Diana Smith of the Sanford Police Department on Tuesday, June 25, shows the jury a bag of Skittles that was collected as evidence at the crime scene. Martin was said to be carrying the bag of candy and a soft drink at the time of his death.

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Key moments in the Zimmerman trial – Assistant state attorneys John Guy, left, and Richard Mantei hold up Martin's sweatshirt as evidence during Zimmerman's trial on June 25. After Martin's death, protesters started wearing hoodies in solidarity against racial profiling.

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Key moments in the Zimmerman trial – During the trial on June 25, crime scene technician Diana Smith shows the jury a gun that was collected as evidence.

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Key moments in the Zimmerman trial – Zimmerman laughs with defense attorney Don West during his trial on June 25.

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Key moments in the Zimmerman trial – Selene Bahadoor enters the courtroom to take the witness stand on June 25. She was the first eyewitness to testify and said the shooting occured right behind her home.

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Key moments in the Zimmerman trial – Seminole County 911 dispatcher Sean Noffke testifies on Monday, June 24, about his conversation with Zimmerman on a non-emergency line the night of the shooting.

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Key moments in the Zimmerman trial – A transcript of Zimmerman's police call on the night of the shooting is projected during opening arguments on June 24.

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Key moments in the Zimmerman trial – Martin's father, Tracy Martin, cries on June 24 as he listens to the description of his son's death.

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Key moments in the Zimmerman trial – Prosecutor John Guy gestures during his opening arguments on June 24. His first words to the six-woman jury may have raised a few eyebrows. "Good morning. 'F*****g punks, these a******s all get away,'" Guy quoted Zimmerman. "These were the words in this grown man's mouth as he followed this boy that he didn't know. Those were his words, not mine."

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Key moments in the Zimmerman trial – From left, Zimmerman's father, Robert Zimmerman Sr.; his mother, Gladys; and his wife, Shellie, are escorted from the courtroom on June 24. Since they are all on the witness list, the judge ruled they cannot be present in the courtroom until after they testify.

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Key moments in the Zimmerman trial – Defense attorney Don West displays a photo of Zimmerman from the night of the shooting during his opening arguments on June 24. He opened his statements with a knock-knock joke but failed to win a laugh. "Knock knock. Who's there? George Zimmerman. George Zimmerman who? Good, you're on the jury," he said.

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Key moments in the Zimmerman trial – A video entered as evidence is displayed on June 24. It shows Martin, right, at a 7-Eleven on the night of his shooting.

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Key moments in the Zimmerman trial – From left, Martin's parents, Tracy Martin and Sybrina Fulton, and Benjamin Crump, the family's legal counsel, make a brief statement to the media before jurors heard opening statements on June 24.

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Key moments in the Zimmerman trial – Zimmerman waits for the start of his trial on June 24.

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Story highlights

Miller Francis: George Zimmerman trial should be renamed the Trayvon Martin trial

He says question not raised: Wasn't Martin the one standing his ground, facing a stalker?

We're told that by defending himself, Martin justified his own execution, he says

Francis: Prosecution should use stand-your-ground on Martin's behalf; it's about race, justice

Like many people, I've been riveted by the George Zimmerman trial. I call it "the George Zimmerman trial" because that's what it is, but the more I watch, the more I wonder: Should it be renamed "the Trayvon Martin trial?"

I'm not just talking about some of the media's tabloid-like focus on Martin's background, his personal history, his school records and -- outside the courtroom -- the toxicology report. I'm talking about an aspect of the case that never comes up in the media coverage, one that I would argue is key.

This murder trial, in and out of the courtroom, has been boiled down to one question: Was Zimmerman in fear for his life and thus justified in defending himself by shooting and killing Martin?

It has been framed this way -- in terms of Zimmerman's mortal fear -- since the shooting in 2012.

Some people have forgotten that Zimmerman was not even arrested initially. It took more than a month for the special prosecutor to bring the second-degree murder charge. And if not for mass protests across the country, he might not be the defendant in a murder trial at all.

The question that has not surfaced in the courtroom -- the elephant in the room -- is this: Did Martin fear for his life after being followed and confronted by a stranger while going to the store to buy candy and a soft drink? Was he, Martin, justified in standing his ground and defending himself when this stranger, an apparent stalker, approached him in a threatening manner?

Miller Francis

Zimmerman didn't identify himself and never said he was part of the neighborhood watch group.

Think about it: We're told over and over that if Zimmerman was afraid of Martin, according to Florida law, he had the right to put a bullet in the chamber of his concealed handgun, get out of his car after being told not to by the 911 dispatcher and follow and confront Martin and shoot him to death.

At the same time, we are told that Martin, who had far greater reason to fear Zimmerman, practically and for reasons of American history, did not have the right to confront his stalker, stand his ground and defend himself, including by using his fists. We are told that this was entirely unjustified and by doing so, Martin justified his own execution.

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Does Zimmerman have hysterical amnesia?

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Resting their case

How could this be? Why is this other question ignored? Surely it will come up as we approach the trial, I thought. But it hasn't. What's going on here? How can the Florida law apply only to Zimmerman and not to Martin?

I remembered the sharp, sometimes bitter commentary provoked by Spike Lee's 1989 film "Do the Right Thing," particularly in reaction to its climactic scenes, when the police murder a black teenager and Lee's character throws a trash can through the window of the white-owned pizza place.

Years after the movie came out, Lee told an interviewer, "White people still ask me why Mookie threw the can through the window. ...Twenty years later, they're still asking me that."

"No black person ever, in 20 years, no person of color has ever asked me why," he said.

Here's what I think: Assuming Martin did engage Zimmerman physically, perhaps if the teen had hit back a little bit harder, perhaps if he had been able to prevent Zimmerman from grabbing his concealed and loaded gun and perhaps if witnesses had come to Martin's aid, then maybe he would be alive today. That's speculation.

One thing I feel sure of is that if Martin, in fear for his life, had used Zimmerman's own gun to shoot and possibly kill his attacker, when the police arrived on the scene, they would not have failed to charge him with murder.

Why hasn't the prosecution team used Florida law to argue strongly for Martin's right of self-defense, his right to stand his ground against a stalker? Why not turn the tables on Zimmerman's exclusive claim to that argument?

It will be interesting to see whether this question even gets posed for the jury at all. It certainly will be front and center as this case is tried by the jury of history. And future generations will likely puzzle over how the term "racial profiling" could have been banned by the judge before the trial even began.

This country's racial history, the list of names, like Sean Bell, Amadou Diallo, Oscar Grant and other victims of "deadly force" by the police—these represent an even bigger Elephant in the Room.

They may have been ruled irrelevant in the courtroom, but they are certainly relevant to those who seek justice in this society.